The Police FunctionBy Arthur D. Wiechmann

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Arthur D. Wiechmann retired from the Fullerton, California police force in 2004 after29 years in patrol, traffic, investigation, and crime scene investigation functions; he was asergeant for 14 years. Art has a BA in Criminal Justice and an MA in Social Science fromCalifornia State University, Fullerton. He is a graduate of the Supervisory LeadershipInstitute and the Delinquency Control Institute. He is a nationally certified DrugRecognition Expert Instructor. Since 1994 Art has been a member of the faculty in theDivision of Politics, Administration, and Justice at CSU Fullerton. He is also an adjunctfaculty member at Fullerton College. He has published 10 articles on community-orientedpolicing, supervision, and management.

Another Publish Your Works title by Arthur D. Wiechmann:

Public Administration in Criminal Justice Organizations

Copyright © 2007 by Arthur D. Wiechmann

All rights reserved. Published 2007

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Printed in the United States of America

ISBN: 0-9763162-7-7 (cloth)

Cover design: Fabián Chow

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TABLE OF CONTENTS

CHAPTER ONE

Patrol Function 1

Purpose of Patrol 3

Problems and Controversy 4

The Patrol Function 9

Field Investigations 13

Transfer of Evidence Theory 18

First Officer Responsibilities 20

Special Situations 28

CHAPTER TWO

Investigation Function 35

Role of Investigator 35

Specialist versus Generalist 38

Phases of Investigation 46

Sources of Information 60

Basic Investigative Leads 71

CHAPTER THREE

Community Oriented Policing 78

Introduction 78

Goal and Components 81

Traditional versus Community Policing 89

S.A.R.A. Model 101

Three-step Process 108

Effectiveness of Patrol Efforts 110

Problem Solving Considerations 112

Management Changes 124

CHAPTER FOUR

Organization and Management 129

Transition of Police Management 130

Organizational Concepts 133

Mission Statements, Procedures, and Policies 136

Classical Organizational Principles 150

Human Relations Theory 165

Systems Theory 179

Contingency Theory 186

CHAPTER FIVE

Crime Prevention through Environmental Design 192

Introduction 192

Crime Generators 198

Territoriality 201

Surveillance Opportunity 204

Traffic Patterns 206

Displacement Concept 209

CHAPTER SIX

Civil Liability 211

Three Areas of Liability 212

Reducing and Preventing Liability 219

Supervisory Responsibility 227

Components of Managing Liability 238

CHAPTER SEVEN

Use of Force 241

Reactionary Forces 244

Levels of Force 247

Justification Factor 255

CHAPTER EIGHT

Organizational Ethics 257

Values 259

Ethics 262

Ethical Relativism 265

Principle versus Preference 267

Ethical Problems in Law Enforcement 269

CHAPTER NINE

Discretion 272

Discretion Defined 273

How Discretion Varies 278

Variables That Effect Discretion 282

Reducing Discretion 292

CHAPTER TEN

Recruitment, Selection and Promotion 297

Social Environment 297

Problems with Public Sector Recruitment 302

Legal Considerations 304

Promotional Testing 308

Traditional Test Methods 310

Modern Testing Methods 316

Recruitment Issues 321

CHAPTER ELEVEN

Police Culture 329

It’s a Cop Thing… 330

Use of Force 334

Ugly Side of Life 337

Occupational Socialization 339

A Dangerous Job 345

Three Core Elements of Police Culture 348

CHAPTER TWELVE

Racial Profiling 355

Management Issues 356

Criminal versus Racial Profiling 357

The Ethics of Profiling 360

Pretext Stops and Racial Profiling 361

The Stigma of Profiling 363

Management Response 364

CHAPTER THIRTEEN

Police Misconduct 368

Types of Misconduct 369

Theories of Police Misconduct 377

Levels of Corruption 383

Citizen Complaints 385

Reasons that Complaints are Made 388

Internal Affairs Investigations 390

CHAPTER FOURTEEN

Future of Policing 398

Environmental Scanning 399

Scenario Writing 412

Changes in Police Leadership 414

APPENDIX 421

BIBLIOGRAPHY 425

CHAPTER ONE

The Patrol Function

Topics

Purpose of Patrol

Problems and Controversies

Functions of the Police

Field Investigations

Transfer of Evidence

First Officer Responsibilities

Introduction

To say that the job of law enforcement is unique, physically

demanding, mentally challenging, dynamic, exciting, interesting,

rewarding, exhilarating, frustrating, demoralizing, dangerous and

stressful is an understatement. Literally, there is no other job in the

world like it. Only one percent of all police applicants ever achieve

the goal of becoming a police officer. For them, there is no other job

that they would rather do. For the remainder of the population, there

is not enough money for them to do the job, even if they were

capable.

This book will address a variety of issues facing police officers. It will

address their official responsibilities, how they function, the various

1

dynamics which have a profound affect on their ability to do their job,

how it affects their personalities, and their potential to be effective in

reaching the goals of preventing and reducing crime.

This chapter appropriately addresses the function of police patrol,

which by far is the most dynamic, interesting, dangerous and volatile

area of the law enforcement function. A police officer on patrol…

cruising the streets in a black and white, his head on a swivel looking

for trouble and danger, is the epitome of determination and

fortitude… the thin blue line that separates civilized society from

complete anarchy.

A little melodramatic? Not really. Not for a cop, because they know

the truth. They know that they really make a difference in people’s

lives. They know that they are part of a noble profession that most

people cannot or would not do. No other career requires employees

to live on the edge… the edge of society… in which police officers

must fight the scum of the earth, but must play by the rules against

those who have no rules.

So, we start with the patrol function… the most dynamic, interesting

and challenging aspect of the law enforcement profession, to which

only the most dedicated and courageous of individuals belong.

2

The Purpose of Patrol

The patrol function is the backbone of policing. That is, patrol is the

supporting structure and strength of the entire efforts of law

enforcement. This is a phrase that you will read in some context or

another in every book written on the subject of police activities.

Almost everything else that the police do is in response to a patrol

action or function.

This is where it begins… this is where it all starts. And this is where

police manpower is the most critical. If there are not enough police

officers to respond to calls for service and to patrol for criminal

activity, then none of the other functions of the police will much

matter, since the thin blue line is not there to maintain a civilized

society.

So, why do the police drive around and patrol their cities, rather than

sitting around in the station and waiting for calls like fire fighters do?

It is because the functions of these two jobs are different in the way

that they complete their tasks and fulfill their goals. One of the

primary functions of the police is detection and deterrence.

Example: Firefighters fight fires and engage in rescue

operations. They do not drive around looking for fires and

situations requiring rescues. These incidents are so few and

3

far between that it would be a waste of resources. But the

focus of the police, which is to fight crime, is much more

widespread and frequent.

Another difference between the police and fire service is in the area

of how they respond to calls. The fire department receives a call of a

fire or rescue, and responds to the scene. Their response time is not

as efficient as the police, since they are at the station, and late at

night are sleeping. In contrast, the police are mobile… they are

awake, in a moving car, and because of geographic assignments,

they are comparatively very close to the scene of the call. Their

response times are generally impressive, which is essential for saving

lives and catching violators.

Besides being the first line of defense against crime and public

safety, the patrol function makes up 60 to 70 percent of a police

department’s work force, making it the most expensive and largest

unit in any police department.

Problems and Controversies

Without a doubt, most of the controversy and problems in policing

deals with patrol-related incidents. Rarely does a night go by when

the police are not on the evening news, either being involved in a

high-speed chase, a shooting, or some other controversial incident

4

There are many ways that a criminal investigation can evolve from a

potentially strong case to a marginal or weak case that a prosecutor

does not want any part of:

Improper evidence collection: If the agency has to go back to a

crime scene to collect evidence that should have been collected

during the initial crime scene investigation, there is a lack of

continuity and control, which breaks the chain of control. Many

major cases, such as homicides and sexual assaults, rely on

physical evidence to bolster the inherent circumstantial

evidence that accompanies these types of crimes.

Violation of civil rights: If a confession is obtained without a

Miranda advisement, or a search is conducted without probable

cause, a warrant, or consent, any evidence will not be

admissible. It is critical that an investigator review each case to

make sure that all the evidence that is obtained; statements

and physical evidence, will stand up to scrutiny in court.

Less than thorough investigations: As opposed to what people

see on television, investigators do not have the luxury of

working only one case at a time. Investigators have a caseload

which can be anywhere from twenty to fifty cases or more,

depending upon their specialty and the staffing levels of the

bureau.

37

If investigators get buried in their caseload, it is easier to justify

taking shortcuts to get cases off their desks. Rather than

scrutinizing all aspects of a police report to make sure it is solid,

it can be really easy to just take what a patrol officer did and

take it to the district attorney for filing.

And if the district attorney refuses to file the case because there

was insufficient evidence, (since the investigator did not do his

job), it is too easy for the investigator to blame the patrol officer

or the district attorney, rather than where the true responsibility

lies; with the person who is the link between the efforts of the

police, and the efforts of the courts… the investigator himself.

Specialist versus Generalist

Depending upon how an investigation division in a police department

is organized, the detectives (or investigators) are considered either a

specialist or a generalist. This distinction will depend on the

individual needs and work activities of the agency.

In very small police departments, where there is not enough crime to

justify a separate detective bureau, or not enough personnel to

properly staff a detective bureau, patrol officers are also the follow up

investigators to the crimes that occur.

38

After 29 years in the Law Enforcement, Artwanted the second half of his life to be aschallenging and fulfilling as the first half. He found this... first with sailing a 36 footsailboat, then with writing textbooksand novels.

There is no greater calling than that of publicservice, especially in the field of criminaljustice in which lives are protected, communities preserved, and laws enforced.It is the members of this profession who,because of their high personal andprofessional ethics, are able to maintainorder and justice in a chaotic society.

Arthur D. Wiechmann

TRAINING Effective Employee Management for Managers, Certificate Program

California State University, Fullerton (1997 – 1998)

Applied Ethics in Police Management State Commission on Peace Officer Standards and Training (1998)

Supervisory Leadership Institute State Commission on Peace Officer Standards and Training (1996)

Drug Recognition Expert Instructor Course Los Angeles Police Department (1993)

Problem-Oriented Policing Supervisors Course Police Executive Research Forum (1995)

F.B.I. Physical Fitness Instructor Course Federal Bureau of Investigation (1992)

Basic Supervisory Course State Commission on Peace Officer Standards and Training (1992)

Delinquency Control Institute University of Southern California (1990)

CERTIFICATES Basic, Intermediate, Advanced and Supervisory Certifications

State Commission on Peace Officer Standards and Training

PUBLICATIONS “Developing Officer Leadership Skills for Successful Problem Solving,” publication pending

“Broken Windows Theory Revisited,” publication pending.

“Criminal Profiling is not Racial Profiling,” publication pending.

“Implementing Problem-Solving Policing: A Supervisory Perspective,” COPPS: Now and Beyond, California Attorney General’s Office, July 1999.

“Redefining Training,” Criminal Justice Digest: Volume 2 No. 10, May, 1996.

“Redefining Training,” Community Policing Exchange: March/April, 1996.

“Implementing Problem-Solving Policing, A Supervisory Perspective,” The Journal of California Law Enforcement: Volume 29 No. 4, 1995. “The Limitations of Participative Management in Law Enforcement,” The Journal of California Law Enforcement: Volume 29 No. 4, 1995

“How Police Managers Contribute to Successful Problem Solving,” Problem Solving Quarterly: Winter, 1995.

“A Supervisory Perspective on Community Policing,” Community Policing Exchange: July/August, 1995.

“How to Ace the Sergeant’s Exam When You Are the Underdog,” The California Peace Officer. December, 1993.

“How to Ace the Sergeant’s Exam Even If You Are the Underdog,” Peace Officer’s Research Association of California, Law Enforcement News: March, 1994.

The Police Function

Author: Arthur D. Wiechmann

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